National Insurance Compnay Ltd vs Bhanumati Sarania And Ors
2025 Latest Caselaw 3906 Gua

Gauhati High Court

National Insurance Compnay Ltd vs Bhanumati Sarania And Ors on 8 March, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                  Page No.# 1/4

GAHC010038822025




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                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Civil)/667/2025

         NATIONAL INSURANCE COMPNAY LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT 3, MIDDLETON STREET,
         KOLKATA AND ONE OF THE REGIONAL OFFICE AT M.S.S PATH,
         BHANGAGHAR, GUWAHATI-781005.



         VERSUS


         BHANUMATI SARANIA AND ORS
         W/O. PULAK SARANIA @ DAS

         2:ABHIJIT SARANIA
          S/O. PULAK SARANIA @ DAS

         3:NISHANTA SARANIA
          S/O. PULAK SARANIA @ DAS

         4:OPESWARI SARANIA
          M/O. PULAK SARANIA@ DAS

         ALL ARE R/O. VILL.- NIZDALA
         MESKA PUKHURI
         P/S. KALAIGAON
         DIST. UDALGURI (BTAD)
         ASSAM
         PIN-784525.

         5:DILIP RAJAN NATH
          S/O. LT. GUNENDRA NATH
          R/O. VILL.- SATGHARIA
          P/O. AND P/S. SIPAJHAR
          DIST. DARRANG
                                                                        Page No.# 2/4

             ASSAM
             PIN-784145

Advocate for the Petitioner   : MR. S. PEGU, MR. A J SAIKIA

Advocate for the Respondent : ,




             Linked Case : RP(FAM.CT.)/0/0

            NATIONAL INSURANCE COMPANY LIMITED
            REGIONAL OFFICES AT MSS PATH BHANGAGARH GUWAHATI


             VERSUS

            BHANUMATI SARANIA AND 3 ORS
            NIZDALA MESKA PUKHURI PS KALAIGAON DIST UDALGURI BTAD ASSAM


            ------------
            Advocate for : Shantanu pegu
            Advocate for : appearing for BHANUMATI SARANIA AND 3 ORS



             Linked Case : C.APPLN/0/0

            NATIONAL INSURANCE COMPANY LTD
            GUWAHATI


             VERSUS

            BHANUMATI SARANIA AND ORS
            UDALGURI


            ------------
            Advocate for : Shantanu pegu
            Advocate for : appearing for BHANUMATI SARANIA AND ORS
                                                                       Page No.# 3/4



                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                      ORDER

08.03.2025 This is an application filed by the applicant- National Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated 13.08.2024 passed by the learned Member Motor Accident Claims Tribunal No.1, Kamrup (M) at Guwahati, Assam in MAC Case No. 1276/2018.

2. Shri P.D. Bhutia - Regional Manager, Shri Debajit Sarkar - Assistant Manager of the Insurance Company and the claimants along with their learned counsel, Shri A. Bhattacharyya are present today i.e., 08.03.2025 in the National Lok Adalat.

3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.27,50,000/- (Rupees Twenty Seven Lakhs Fifty Thousand) has been agreed upon.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.27,50,000/- (Rupees Twenty Seven Lakhs Fifty Thousand) being the full and final settlement before the MACT No.1, Kamrup (M) within a period of 45 days from today.

5. The manner of release of the aforesaid amount would be in the following terms:

Out of the aforesaid settled amount of Rs.27,50,000/-;

i) Rs.10,00,000/- (Rupees Ten Lakhs) in the name of the widow of the deceased (claimant no. 1);

Page No.# 4/4

ii) Rs.5,00,000/- (Rupees Five Lakhs) in the name of the son of the deceased - claimant no. 2

iii) Rs.5,00,000/- (Rupees Five Lakhs) in the name of the mother of the deceased (claimant no. 4);

And the remaining amount of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand) in the form of FD in the name of the Claimant No. 3- the minor son of the deceased in any nationalized bank.

6. The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel.

7. The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days.

JUDGE

Comparing Assistant